By FRANCISCO E. JIMENEZ
Staff Writer
reporter@sbnewspaper.com
Mayor Jack Garcia is shown (left) as well as former Mayor Joe H. Hernandez (right). (File photos)
Mayor Jack Garcia has challenged the significance of a Texas Municipal League (TML) email his opponent, former Mayor Joe H. Hernandez, is utilizing in campaign advertisements.
In the email, a TML official recommends that the city not follow its charter which states that an elected official forfeits office if at any time during their term they owe back taxes to the city. It was the charter that City Attorney Jan Cassidy based her opinion on in January of last year when she interpreted it as an automatic forfeiture of office for Hernandez, who did in fact owe back taxes at one point during his term in office.
“Using that TML letter, it’s a prop. It’s something that he’s been using and sending out. It would be the equivalent of me going out and passing around the state district court ruling by Judge Olivera. I’m not going to do that,” said Garcia, referring to a state judge who ruled in favor of the city in a 2010 lawsuit filed by Hernandez, who was seeking a temporary injunction to regain his seat. “This election is not about Joe or court battles, this election would have occurred in 2011 regardless of what occurred with Joe. This election is about electing a new mayor, and I want to stress the importance of that.”
Garcia said that the state and federal judges’ rulings hold more weight than the TML email, referring to it as actually a “misunderstood interpretation.”
“It’s like a smokescreen right now in a sense because you don’t know what the question was. You look in the body and it’s talking about an applicant,” Garcia said. “It also discusses and tells you to refer back to the city attorney. That said, it’s a little unfair to say, if that was such a strong case, then in the state district court it would have been reverted back and he would have continued as mayor. But one of the things that came out of the state district court, and even the federal court, was the importance and the power of that charter.”
Hernandez disagrees.
“Everyone has a different opinion. TML is a statewide opinion,” said Hernandez. “What they say to one city, they say to all cities. The city charter is a guide, and most of them have almost the same city charter. It’s like a vehicle, it is not a law. These guys are taking it like a law. What these people told them was so the city would not be taken into litigation by personal preference. That’s why they’re giving that kind of advice. Now, they don’t know what to do.”
“It (TML email) holds water. It’s an opinion from attorneys that represent cities throughout. We paid for that service. They are legal attorneys,” Hernandez continued.
During the course of the telephone interview for this story, Garcia stressed his intentions to continue to run a campaign on his platform that focuses on city progress. However, Garcia continued attempts to clarify the TML email, adding, “The root of this TML letter is that he didn’t pay his taxes. Why he didn’t, I don’t know. That’s something that he needs to explain. It’s about taking responsibility for your actions. I think that’s important.”
“It’s not the letter, it’s what they did that was wrong,” said Hernandez. “I have done nothing wrong, and I firmly believe that the people believe in me. They believe in my leadership, they believe in what I’ve done in the past, and they believe that I will continue doing what I was doing. That is all.”
To see this story in print, pick up a copy of the May 11 edition of the San Benito News. Or view our E-Edition by clicking here.
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